DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Invention I and Species B in the reply filed on December 29, 2025 is acknowledged.
Claims 15 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 29, 2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the second end” in the sixth paragraph of the body of the claim. It is unclear as to whether Applicant intends the limitation to refer to the “second rod end” or the ‘second end of the pump body’ each of which were previously set forth in the claim. For the purposes of this Office, Examiner will interpret the limitation as “the second end of the pump body.”
Claim 1 further recites the limitation “the first end” in the eighth and last paragraphs of the body of the claim. It is unclear as to whether Applicant intends the limitations to refer to the “first rod end” or the ‘first end of the pump body’ each of which were previously set forth in the claim. For the purposes of this Office Action, Examiner will interpret the limitations as “the first end of the pump body.”
Claims 2 and 10 each recite the limitation “the first end.” It is unclear as to whether Applicant intends the limitations to refer to the “first rod end” or the ‘first end of the pump body’ each of which were previously set forth in claim 1. For the purposes of this Office Action, Examiner will interpret the limitations as “the first end of the pump body.”
Claim 3 recites the limitation “the second end.” It is unclear as to whether Applicant intends the limitation to refer to the “second rod end” or the ‘second end of the pump body’ each of which were previously set forth in claim 1. For the purposes of this Office, Examiner will interpret the limitation as “the second end of the pump body.”
Claim 10 recites the limitation “pump body.” It is unclear as to whether Applicant intends the limitation to refer to the ‘pump body’ previously set forth in claim 1, or whether Applicant intends to set forth a second ‘pump body’ which is separate and independent from the ‘pump body’ previously set forth. For the purposes of this Office Action, Examiner will interpret the limitation so as to refer to the ‘pump body’ previously set forth.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 – 4 and 6 - 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hisel (U.S. Patent Application Publication Number 2013/0105658) in view of Hong (U.S. Patent Number 6,378,843).
As to claim 1, Hisel teaches a securement device (abstract) comprising: a primary bar (figures 1 – 4, element 202 being the ‘primary bar’; paragraph 51); an extension bar located within an coaxial with the primary bar (figures 1 – 4, element 204 being the ‘extension bar’; paragraph 58); a bladder assembly located within the primary bar and comprising a fluid chamber and a fluid reservoir (figure 4, element 150 being the ‘fluid chamber’ and element 140 being the ‘fluid reservoir’; paragraph 38); a rod assembly comprising a rod terminating in a seal at a first rod end and coupled to the extension bar at a second rod end (figures 4, 15, and 16, element 160 being the ‘rod,’ elements 164 and 164c being the ‘seal,’ element 162a being the ‘first rod end,’ and element 162b being the ‘second rod end’; paragraphs 38 and 56), the seal movable within the fluid chamber (figure 4, elements 150 and 164; paragraph 56); a pump assembly (figures 1 – 4, element 100 being the ‘pump assembly’; paragraph 38) comprising: a pump body extending axially between a first end and a second end to define a centerline (figure 5, element 102 being the ‘pump body,’ bottom of element 102 being the ‘first end’ and top of element 102 being the ‘second end’; paragraph 38); a piston chamber (figure 5, interior of element 102 being the ‘piston chamber’; paragraphs 39 – 40); a check valve located at the first end (paragraph 39), selectively fluidly coupling the piston chamber to the fluid chamber (paragraph 39). Examiner notes that this can be found because Hisel teaches the check valve being located between the inlet and an outlet of the pump body (figure 5, elements 102b and 102a; paragraph 39), each of which are located at the first end of the pump body (figure 5, bottom of element 102, 102a, and 102b). Hisel further teaches an inlet located at the first end of the pump body (figure 5, element 102b being the ‘inlet’; paragraph 39), the inlet fluidly coupling the fluid reservoir to the piston chamber (figures 4 and 5, elements 102b and 140; paragraphs 38 – 40).
However, while Hisel teaches the pump assembly comprising an actuator within the pump body (paragraphs 39 – 40), Hisel does not teach the pump body comprising a piston chamber and the actuator comprising a piston. Hong teaches a securement device (abstract) comprising: a bladder assembly comprising a fluid chamber and a fluid reservoir (figures 1 and 3, element 21 being the ‘fluid chamber’ and element 16 being the ‘fluid reservoir’; column 2, lines 27 – 37); and a pump assembly comprising: a pump body extending axially between a first end and a second end to define a centerline (figures 1 and 3, element 246 being the ‘pump body,’ bottom of element 246 being the ‘first end,’ and top of element 246 being the ‘second end’; column 2, lines 27 – 37), the pump body defining a piston chamber terminating in the second end of the pump body (figures 1 and 3, interior of element 246 being the ‘piston chamber’; column 2, lines 27 – 37); and an actuator comprising a piston movable within the piston chamber (figures 1 and 3, element 22 being the ‘piston’; column 2, lines 27 – 37). It would have been obvious to one skilled in the art to provide the pump body of Hisel with a piston chamber housing a piston-actuator, as taught by Hong, because one skilled in the art would have recognizes that the use of a piston-actuator the benefit of pumping oil into the inlet and out of the outlet of the pump body of Hong, as desired by Hong (paragraphs 39 – 40).
As to claim 2, Hong teaches that the piston chamber comprises a transfer conduit extending between the first end of the pump body and an aperture (figure 3, interior of element 246 being the ‘transfer conduit,’ bottom of element 246, and top of element the ‘transfer conduit’ being the ‘aperture’).
As to claim 3, Hong further teaches a piston housing extending from the aperture to the second end (figures 1 and 3, element 246).
As to claim 4, Hisel teaches that the piston is moveable through the aperture (figure 3, element 22).
As to claim 6, Hisel teaches that the pump body further comprises an intermediate chamber fluidly coupled to the inlet (figures 4 and 5, elements 102 and 102b; paragraph 39, wherein the chamber between the inlet and the outlet is the ‘intermediate chamber’).
As to claim 7, Hisel teaches a pressure relief valve coupled to the intermediate chamber and moveable between a relief position and a hold position (figure 5, element 110 being the ‘pressure relief valve’; paragraph 41).
As to claim 8, Hisel teaches a bypass channel fluidly coupling a fluid chamber to the fluid reservoir via the intermediate chamber when the pressure relief valve is in the relief position (figure 19, element 154 being the ‘bypass channel’; paragraph 54).
As to claim 9, Hisel teaches that the inlet, the intermediate chamber, the transfer conduit, and the check valve define a fluid passageway from the fluid reservoir to the fluid chamber when the pressure relief valve is in the hold position (elements 102b, 102, 246, 140, 150, and 110).
As to claim 10, Hisel teaches a cap coupled to the pump body at the first end of the pump body (figure 5, element 104 being the ‘cap’; paragraph 39), comprising a bar for holding the check valve (figure 5, element 110 being the ‘bar’; paragraph 41), and defining an outlet of the fluid passageway (figure 11, element 104d being the ‘outlet’; paragraph 41).
As to claim 11, Hisel teaches that the bladder assembly further comprises an exterior tube defining the fluid reservoir (figure 4, element 140 being the ‘exterior tube’).
As to claim 12, Hisel teaches an interior tube located within the exterior tube (figure 4, element 150 being the ‘interior tube’), the interior tube defining the fluid chamber (figure 4, element 150).
As to claim 13, Hisel further teaches a cap coupling the interior tube to the first end of the pump body and defining an outlet fluidly coupling the fluid chamber to the piston chamber via the check valve (figure 5, element 120 being the ‘cap’; paragraph 38).
As to claim 14, Hisel teaches a pressure relief control valve in the piston chamber (paragraph 39).
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Examiner closest prior art, Hisel in view of Hong, is presented and discussed above. However, the prior art does not teach, either expressly or implicitly, the transfer conduit comprising a decreasing diameter with respect to the centerline and in a direction from the aperture toward the check valve, as required by claim 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726